Can You Record Your Doctor Appointment in Wisconsin?
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Yes. Wisconsin is a one-party consent state, so you can record your own doctor visit without the clinician's agreement, as long as the recording is not for a criminal, tortious or other 'injurious' purpose.
- In-person visit
- One-party consentYour consent is enough
- Phone or telehealth visit
- One-party consentYour consent is enough
Main law: Wis. Stat. § 968.31
Recording an in-person visit
Wis. Stat. § 968.31(2)(c) says it is not unlawful for a person to record a conversation they are part of, unless the purpose is to commit a crime, a civil wrong, or 'any other injurious act.' Recording your own visit so you can remember what your clinician said fits within this exception. You do not need the clinician's consent.
Phone and telehealth visits
The same one-party rule covers phone calls and video visits. If your clinician is in a state that requires everyone's agreement, that state's law may also apply, so tell the clinician you are recording when they are out of state.
When you and your clinician are in different states, for example on a phone or video visit, there is no single national rule for which state's law applies. Courts decide case by case, and they have not all agreed. California's highest court applied California's stricter rule to calls recorded in Georgia with people in California, while a Pennsylvania court declined to apply Pennsylvania's stricter rule to a call recorded in New York. The safest choice is to follow the stricter state's rule: tell everyone you are recording and get their OK.
Things to know
- Wisconsin's exception is narrower than most because it also excludes recordings made for 'any other injurious act.' Do not record in order to embarrass or harm someone.
- Recording a conversation you are not part of is a felony and can lead to a lawsuit.
- No Wisconsin law gives patients a special right to record, so a clinic can still have its own recording policy.
What happens if you break the law
Illegal interception is a Class H felony (Wis. Stat. § 968.31(1)). A victim can recover actual damages, but not less than liquidated damages of $100 a day or $1,000 (whichever is higher), plus punitive damages and reasonable attorney fees (§ 968.31(2m)).
How to ask your clinician
Your state's law doesn't require it, but asking first keeps the visit friendly and makes your reason clear:
“Before we start, is it okay if I record this visit? I want to remember your instructions correctly.”
Wait for a clear yes. If your clinician says no, take notes instead or ask for a written summary. More tips are in our guide to asking to record your doctor visit.
Wisconsin law and court decisions
- Wis. Stat. § 968.31: Interception offenses (Class H felony); § 968.31(2)(c) party or one-party-consent exception unless for a criminal, tortious or other injurious purpose; § 968.31(2m) civil damages
- State v. Maloney, 2005 WI 74, 281 Wis. 2d 595, 698 N.W.2d 583: As summarized in the official annotation to § 968.31, a person who secretly records to help a lawful investigation does not commit an 'injurious act' under § 968.31(2)(c) just because the evidence may harm the person recorded.
Frequently asked questions
Is Wisconsin a one-party consent state?
Wisconsin has a one-party consent rule, so your own consent is enough, for in-person conversations and for phone and video calls. Yes. Wisconsin is a one-party consent state, so you can record your own doctor visit without the clinician's agreement, as long as the recording is not for a criminal, tortious or other 'injurious' purpose.
Do I need my doctor's permission to record a visit in Wisconsin?
Wis. Stat. § 968.31(2)(c) says it is not unlawful for a person to record a conversation they are part of, unless the purpose is to commit a crime, a civil wrong, or 'any other injurious act.' Recording your own visit so you can remember what your clinician said fits within this exception. You do not need the clinician's consent.
Can I record a telehealth or phone visit in Wisconsin?
The same one-party rule covers phone calls and video visits. If your clinician is in a state that requires everyone's agreement, that state's law may also apply, so tell the clinician you are recording when they are out of state.
Does HIPAA stop me from recording my doctor?
HIPAA is the federal health privacy law, but it applies to doctors, hospitals, health plans and the companies that work for them. It does not apply to patients. So HIPAA does not stop you from recording your own visit, and it does not give a doctor a right not to be recorded. A recording you keep on your own phone is your personal record, not part of your medical chart. If you give a copy to your clinic and the clinic keeps it, the clinic's copy can become part of its records and HIPAA would then cover that copy.
Can my doctor's office ban recording?
Yes, a clinic or hospital can have a no-recording policy and can ask you to stop. That policy is a rule of the practice, not a law, but in states that require everyone's consent, recording without permission can be illegal on its own. If you keep recording after being asked to stop, the clinician may end the visit, and a practice may stop seeing you as a patient if it gives proper notice (hospital emergency departments still must screen and stabilize anyone with an emergency). Many medical liability insurers advise clinicians to ask why you want to record and to consider allowing it, so asking first often works.
This page is general information, not legal advice. Recording laws change and can depend on the details of your situation. For a legal question, talk to a licensed attorney in Wisconsin. AlignCare does not provide medical or legal advice.
